Court of Appeals of Oregon, 1981

State v. Kerr

State v. Kerr
Court of Appeals of Oregon · Decided February 3, 1981
50 Or. App. 301; 623 P.2d 676; 1981 Ore. App. LEXIS 2088

State v. Kerr

Opinion of the Court

PER CURIAM.

Defendant’s petition for reconsideration is granted and our former opinion is withdrawn. On the merits of defendant’s appeal, we conclude that if defendant was in custody when the challenged statement was made it is nevertheless admissible because it was not the product of interrogation as defined in Rhode Island v. Innis, 446 US 291, 100 S Ct 1682, 64 L Ed 2d 297 (1980).

Reconsideration granted; former opinion withdrawn. Affirmed.

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